Procurement of Surgical Masks IB No. 2021-131 - PHILIPPINE BIDDING DOCUMENTS - Government of the Republic of the Philippines - Department ...
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PHILIPPINE BIDDING DOCUMENTS
(As Harmonized with Development Partners)
Procurement of
Surgical Masks
IB No. 2021-131
Government of the Republic of the Philippines
Sixth Edition
July 2020Table of Contents
Glossary of Acronyms, Terms, and Abbreviations …………………………….4
Section I. Invitation to Bid……………………………………………………….7
Section II. Instructions to Bidders…………………………………………........11
1. Scope of Bid ………………………………………………………………………. 12
2. Funding Information………………………………………………………………. 12
3. Bidding Requirements ……………………………………………………………. 12
4. Corrupt, Fraudulent, Collusive, and Coercive Practices 13
5. Eligible Bidders…………………………………………………………………… 13
6. Origin of Goods ………………………………………………………………….. 14
7. Subcontracts ……………………………………………………………………… 14
8. Pre-Bid Conference ………………………………………………………………. 15
9. Clarification and Amendment of Bidding Documents …………………………… 15
10. Documents comprising the Bid: Eligibility and Technical Components …………. 15
11. Documents comprising the Bid: Financial Component …………………………... 16
12. Bid Prices …………………………………………………………………………. 16
13. Bid and Payment Currencies ……………………………………………………… 17
14. Bid Security ………………………………………………………………………. 17
15. Sealing and Marking of Bids ……………………………………………………… 18
16. Deadline for Submission of Bids …………………………………………………. 18
17. Opening and Preliminary Examination of Bids ………………………………….. 18
18. Domestic Preference ……………………………………………………………… 19
19. Detailed Evaluation and Comparison of Bids ……………………………………. 19
20. Post-Qualification ………………………………………………………………… 20
21. Signing of the Contract …………………………………………………………… 20
Section III. Bid Data Sheet ……………………………………………………...22
Section IV. General Conditions of Contract……………………...…………...24
1. Scope of Contract ………………………………………………………………… 25
2. Advance Payment and Terms of Payment ……………………………………….. 25
3. Performance Security ……………………………………………………………. 25
4. Inspection and Tests ……………………………………………………………… 26
5. Warranty …………………………………………………………………………. 26
6. Liability of the Supplier ………………………………………………………….. 26
Section V. Special Conditions of Contract ……………………………………..27
Section VI. Schedule of Requirements ……………………………………........32
Section VII. Technical Specifications …………………………………………..34
Section VIII. Checklist of Technical and Financial Documents ……………...38
2Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.
BAC – Bids and Awards Committee.
Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to
and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender. (2016 revised IRR, Section 5[c])
Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or consultant who
submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,
Section 5[d])
Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])
BIR – Bureau of Internal Revenue.
BSP – Bangko Sentral ng Pilipinas.
Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical
services or special studies. (2016 revised IRR, Section5[i])
CDA - Cooperative Development Authority.
Contract – Refers to the agreement entered into between the Procuring Entity and the
Supplier or Manufacturer or Distributor or Service Provider for procurement of Goods and
Services; Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting
Firm for Procurement of Consulting Services; as the case may be, as recorded in the Contract
Form signed by the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.
CIF – Cost Insurance and Freight.
CIP – Carriage and Insurance Paid.
CPI – Consumer Price Index.
DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”
3DTI – Department of Trade and Industry.
EXW – Ex works.
FCA – “Free Carrier” shipping point.
FOB – “Free on Board” shipping point.
Foreign-funded Procurement or Foreign-Assisted Project– Refers to procurement whose
funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).
Framework Agreement – Refers to a written agreement between a procuring entity and a
supplier or service provider that identifies the terms and conditions, under which specific
purchases, otherwise known as “Call-Offs,” are made for the duration of the agreement. It is
in the nature of an option contract between the procuring entity and the bidder(s) granting the
procuring entity the option to either place an order for any of the goods or services identified
in the Framework Agreement List or not buy at all, within a minimum period of one (1) year
to a maximum period of three (3) years. (GPPB Resolution No. 27-2019)
GFI – Government Financial Institution.
GOCC – Government-owned and/or –controlled corporation.
Goods – Refer to all items, supplies, materials and general support services, except
Consulting Services and Infrastructure Projects, which may be needed in the transaction of
public businesses or in the pursuit of any government undertaking, project or activity,
whether in the nature of equipment, furniture, stationery, materials for construction, or
personal property of any kind, including non-personal or contractual services such as the
repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial,
security, and related or analogous services, as well as procurement of materials and supplies
provided by the Procuring Entity for such services. The term “related” or “analogous
services” shall include, but is not limited to, lease or purchase of office space, media
advertisements, health maintenance services, and other services essential to the operation of
the Procuring Entity. (2016 revised IRR, Section5[r])
GOP – Government of the Philippines.
GPPB – Government Procurement Policy Board.
INCOTERMS – International Commercial Terms.
Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,
repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities, national
4buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])
LGUs – Local Government Units.
NFCC – Net Financial Contracting Capacity.
NGA – National Government Agency.
PhilGEPS - Philippine Government Electronic Procurement System.
Procurement Project – refers to a specific or identified procurement covering goods,
infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB
Circular No. 06-2019 dated 17 July 2019)
PSA – Philippine Statistics Authority.
SEC – Securities and Exchange Commission.
SLCC – Single Largest Completed Contract.
Supplier – refers to a citizen, or any corporate body or commercial company duly organized
and registered under the laws where it is established, habitually established in business and
engaged in the manufacture or sale of the merchandise or performance of the general services
covered by his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019).
Supplier as used in these Bidding Documents may likewise refer to a distributor,
manufacturer, contractor, or consultant.
UN – United Nations.
5Section I. Invitation to Bid
6Republic of the Philippines
Department of Health
CENTRAL OFFICE BIDS AND AWARDS COMMITTEE
INVITATION TO BID FOR THE
PROCUREMENT OF SURGICAL MASKS
IB NO. 2021-131
1. The Department of Health (DOH), through the General Appropriations Act of 2021 and
Continuing Appropriations of 2020 intends to apply the sum of Sixty Two Million Seven
Hundred Twenty Five Thousand Five Hundred Ninety-Three Philippine Pesos
(PhP62,725,593.00) being the Approved Budget for the Contract (ABC) to payments under the
contract for the Procurement of Surgical Masks under IB No. 2021-131. Bids received in
excess of the ABC shall be automatically rejected at bid opening.
2. The DOH now invites bids for the procurement of the above-captioned project. Delivery of the
Goods is required within the period specified under SECTION VI. Schedule of Requirements.
Bidders should have completed, within two (2) years from the date of submission and receipt of
bids, a contract similar to the Project, equivalent to at least twenty-five percent (25%) of the
ABC. The description of an eligible bidder is contained in the Bidding Documents, particularly,
in Section II. Instructions to Bidders.
3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary “pass/fail” criterion as specified in the 2016 revised Implementing Rules and
Regulations (IRR) of Republic Act (RA) No. 9184.
Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations
with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of
the Philippines, and to citizens or organizations of a country the laws or regulations of which
grant similar rights or privileges to Filipino citizens, pursuant to RA 5183.
4. Prospective bidders may obtain further information from the COBAC Secretariat, G/F, Bldg. 6,
Department of Health, San Lazaro Compound and inspect the Bidding Documents at the
address given above during 8:00 AM – 5:00 PM, Monday to Friday.
5. A complete set of Bidding Documents may be acquired by interested Bidders on 31 January -
22 February 2021 from the given address and website below and upon payment of the
applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the
GPPB, in the amount of Fifty Thousand Philippine Pesos (PhP50,000.00). The Procuring
Entity shall allow the bidder to present its proof of payment for the fees to be presented in
person.
It may also be downloaded free of charge from the website of the Philippine Government
Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided
that Bidders shall pay the applicable fee for the Bidding Documents not later than the
submission of their bids.
6. The DOH will hold a Pre-Bid Conference on 08 February 2021; 10:00 AM at the COBAC
Conference Room, Ground Floor, Bldg. 6, Department of Health, Sta. Cruz, Manila, and/or
7through video conferencing or webcasting via Cisco Webex, which shall be open to prospective
bidders. Interested bidders may contact the COBAC-C Secretariat at this electronic mail (e-
mail) address, cobac.csecretariat@gmail.com for details.
7. Bids must be duly received by the COBAC–C Secretariat through either (i) manual submission
at the office address indicated below, (ii) online or electronic submission as indicated below,
or (iii) both, on or before 22 February 2021, 9:00 AM. Late bids shall not be accepted.
8. All Bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 14.
9. Bid opening shall be on 22 February 2021, 9:00 AM at the given address below and/or via
video conference. Bids will be opened in the presence of the bidders’ representatives who
choose to attend the activity.
10. Electronic submission of bids must be sent via e-mail to
cobac.csecretariat@gmail.comprovided that it complies with the following conditions:
i. It should be in a clear .PDF/.IMG/.JPG/.TIFF/.GIF/.PNG format, and
shall be in two (2) password protected Bidding Documents in
compressed archive folders pursuant to GPPB Resolution No. 09-2020
and Section 25.1 of the 2016 IRR of RA 9184;
ii. A generated bid receipt page or email acknowledgement indicating the
time of submission must be secured and printed as a reference;
iii. The documentary requirements are arranged accordingly based on the
Eligibility Checklist using the standard file name indicated therein.
iv. For electronic bid submission, the passwords for accessing the Bidding
Documents will be disclosed by the Bidders only during the actual bid
opening which may be done in person or face-to-face through
videoconferencing, webcasting or similar technology. (GPPB
Resolution No. 09-2020 and Section 29 of the 2016 IRR of RA 9184)
Note:
The BAC shall open the bid envelopes using a non-discretionary “pass/fail”
criterion. In case of electronic bid submission, Bidding Documents not in
compressed archive folders and are not password protected, shall be rejected.
However, bid envelopes that are not properly sealed and marked or not properly
compressed and password-protected, as required in the Bidding Documents, shall
be accepted, provided that the bidder or its duly authorized representative shall
acknowledge such condition of the bid as submitted. The BAC shall assume no
responsibility for the misplacement of the contents of the improperly sealed or
marked bid, or improperly compressed or password-protected folder, or for its
premature opening. (GPPB Resolution No. 09-2020 and Section 25.9 of the 2016
IRR of RA 9184)
Further, once the GCQ is lifted or the Bidder is determined as the Single/Lowest
Calculated and Responsive Bid, whichever comes first, the Bidder shall submit three
8(3) sets of printed copies of the eligibility documents, certified as such by the bidder
or his duly authorized representative.
11. The DOH reserves the right to reject any and all bids, declare a failure of bidding, or not
award the contract at any time prior to contract award in accordance with Sections 35.6 and
41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or
bidders.
12. For further information, please refer to:
COBAC – C Secretariat
Department of Health
San Lazaro Compound
Sta. Cruz, Manila
Tel. Nos. 8651-7800 local 1624 to 1627; 1650 to 52
Facsimile No.: 8741-9775; 8740-6830
Official email address: cobac.csecretariat@gmail.com
13. You may visit the website listed below:
For downloading of Bidding Documents: https://www.doh.gov.ph/procurement
ROMEO A. ONG, MD
Assistant Secretary of Health
COBAC – C Chairperson
9Section II. Instructions to Bidders
101. Scope of Bid
The Procuring Entity, DOH wishes to receive Bids for the Procurement of Surgical
Masks with identification number IB No. 2021-131.
The Procurement Project (referred to herein as “Project”) is composed of one item, the
details of which are described in Section VII (Technical Specifications).
2. Funding Information
2.1. The GOP through the source of funding as indicated below for 2021 in the
amount of Sixty Two Million Seven Hundred Twenty Five Thousand Five
Hundred Ninety-Three Philippine Pesos (PhP62,725,593.00)
2.2. The source of funding is:
a. NGA, the General Appropriations Act of 2021 and Continuing Appropriations
of 2020
3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184
and its 2016 revised IRR, including its Generic Procurement Manuals and associated
policies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.
Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.
The Bidder, by the act of submitting its Bid, shall be deemed to have verified and
accepted the general requirements of this Project, including other factors that may
affect the cost, duration and execution or implementation of the contract, project, or
work and examine all instructions, forms, terms, and project requirements in the
Bidding Documents.
4. Corrupt, Fraudulent, Collusive, and Coercive Practices
The Procuring Entity, as well as the Bidders and Suppliers, shall observe the highest
standard of ethics during the procurement and execution of the contract. They or
through an agent shall not engage in corrupt, fraudulent, collusive, coercive, and
obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No.
9184 or other integrity violations in competing for the Project.
115. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.
5.2. Foreign bidders may be eligible to participate when any of the following
circumstances exist:
a. Foreign ownership exceeding those allowed under the rules may participate
pursuant to:
i. When a Treaty or International or Executive Agreement as provided in
Section 4 of the RA No. 9184 and its 2016 revised IRR allow foreign
bidders to participate;
ii. Citizens, corporations, or associations of a country, included in the list
issued by the GPPB, the laws or regulations of which grant reciprocal
rights or privileges to citizens, corporations, or associations of the
Philippines;
iii. When the Goods sought to be procured are not available from local
suppliers; or
iv. When there is a need to prevent situations that defeat competition or
restrain trade.
5.3. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the
Bidder shall have an SLCC that is at least one (1) contract similar to the
Project the value of which, adjusted to current prices using the PSA’s CPI,
must be at least equivalent to:
a. For the procurement of Expendable Supplies: The Bidder must have
completed a single contract that is similar to this Project, equivalent to
at least twenty-five percent (25%) of the ABC.
5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of
the 2016 IRR of RA No.9184.
6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a
decision of the UN Security Council taken under Chapter VII of the Charter of the
UN, subject to Domestic Preference requirements under ITB Clause 18.
7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by
the Procuring Entity as stated herein, but in no case more than twenty percent
(20%) of the Project.
12The Procuring Entity has prescribed that:
a. Subcontracting is not allowed.
7.2. Subcontracting of any portion of the Project does not relieve the Supplier of
any liability or obligation under the Contract. The Supplier will be
responsible for the acts, defaults, and negligence of any subcontractor, its
agents, servants, or workmen as fully as if these were the Supplier’s own
acts, defaults, or negligence, or those of its agents, servants, or workmen.
8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address COBAC Conference Room, Ground
Floor, Bldg. 6, Department of Health, Sta. Cruz, Manila, and/or through video
conferencing or webcasting via Cisco Webex, which shall be open to prospective
bidders as indicated in paragraph 6 of the IB.
9. Clarification and Amendment of Bidding Documents
Prospective bidders may request for clarification on and/or interpretation of any part
of the Bidding Documents. Such requests must be in writing and received by the
Procuring Entity, either at its given address or through electronic mail indicated in
the IB, at least ten (10) calendar days before the deadline set for the submission and
receipt of Bids.
10. Documents comprising the Bid: Eligibility and Technical Components
10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section VIII (Checklist of Technical and Financial
Documents).
10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been
completed within two (2) years prior to the deadline for the submission and
receipt of bids.
10.3. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which shall be authenticated by
the appropriate Philippine foreign service establishment, post, or the
equivalent office having jurisdiction over the foreign bidder’s affairs in the
Philippines.
Parties to the Apostille Convention, only the translated documents shall be
authenticated through an apostille pursuant to GPPB Resolution No. 13-2019
dated 23 May 2019. The English translation shall govern, for purposes of
interpretation of the bid. Similar to the required authentication above, for
Contracting
11. Documents comprising the Bid: Financial Component
1311.1. The second bid envelope shall contain the financial documents for the Bid as
specified in Section VIII (Checklist of Technical and Financial
Documents).
11.2. If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a
certification issued by DTI shall be provided by the Bidder in accordance
with Section 43.1.3 of the 2016 revised IRR of RA No.9184.
11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.
11.4. For Foreign-funded Procurement, a ceiling may be applied to bid prices
provided the conditions are met under Section 31.2 of the 2016 revised IRR
of RA No.9184.
12. Bid Prices
12.1. Prices indicated on the Price Schedule shall be entered separately in the
following manner:
a. For Goods offered from within the Procuring Entity’s country:
i. The price of the Goods quoted EXW (ex-works, ex-factory, ex-
warehouse, ex-showroom, or off-the-shelf, as applicable);
ii. The cost of all customs duties and sales and other taxes already
paid or payable;
iii. The cost of transportation, insurance, and other costs incidental
to delivery of the Goods to their final destination; and
iv. The price of other (incidental) services, if any, listed in e.
b. For Goods offered from abroad:
i. Unless otherwise stated in the BDS, the price of the Goods shall
be quoted delivered duty paid (DDP) with the place of
destination
in the Philippines as specified in the BDS. In quoting the price,
the Bidder shall be free to use transportation through carriers
registered in any eligible country. Similarly, the Bidder may
obtain insurance services from any eligible source country.
ii. The price of other (incidental) services, if any, as listed in
Section VII (Technical Specifications).
1413. Bid and Payment Currencies
13.1. For Goods that the Bidder will supply from outside the Philippines, the bid
prices may be quoted in the local currency or tradeable currency accepted by
the BSP at the discretion of the Bidder. However, for purposes of bid
evaluation, Bids denominated in foreign currencies, shall be converted to
Philippine currency based on the exchange rate as published in the BSP
reference rate bulletin on the day of the bid opening.
13.2. Payment of the contract price shall be made in:
a. Philippine Pesos.
14. Bid Security
14.1. The Bidder shall submit a Bid Securing Declaration2 or any form of Bid
Security in the amount indicated in the BDS, which shall be not less than the
percentage of the ABC in accordance with the schedule in the BDS.
14.2. The Bid and bid security shall be valid until One Hundred Twenty (120)
calendar days from the date of Opening of Bids. Any Bid not accompanied by
an acceptable bid security shall be rejected by the Procuring Entity as non-
responsive.
15. Sealing and Marking of Bids
Each Bidder shall submit one copy of the first and second components of its Bid.
The Procuring Entity may request additional hard copies and/or electronic copies of
the Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.
If the Procuring Entity allows the submission of bids through online submission or
any other electronic means, the Bidder shall submit an electronic copy of its Bid,
which must be digitally signed. An electronic copy that cannot be opened or is
corrupted shall be considered non-responsive and, thus, automatically disqualified.
1516. Deadline for Submission of Bids
16.1. The Bidders shall submit on the specified date and time and either at its
physical address or through online submission as indicated in paragraph 7 of
the IB.
17. Opening and Preliminary Examination of Bids
17.1. The BAC shall open the Bids in public at the time, on the date, and at the place
specified in paragraph 9 of the IB. The Bidders’ representatives who are
present shall sign a register evidencing their attendance. In case
videoconferencing, webcasting or other similar technologies will be used,
attendance of participants shall likewise be recorded by the BAC Secretariat.
In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling requirements under Section 29 of the 2016 revised IRR of RA
No. 9184 shall prevail.
17.2. The preliminary examination of bids shall be governed by Section 30 of the
2016 revised IRR of RA No.9184.
18. Domestic Preference
18.1. The Procuring Entity will grant a margin of preference for the purpose of
comparison of Bids in accordance with Section 43.1.2 of the 2016 revised IRR
of RA No.9184.
19. Detailed Evaluation and Comparison of Bids
19.1. The Procuring BAC shall immediately conduct a detailed evaluation of all
Bids rated “passed,” using non-discretionary pass/fail criteria. The BAC shall
consider the conditions in the evaluation of Bids under Section 32.2 of the
2016 revised IRR of RA No.9184.
19.2. If the Project allows partial bids, bidders may submit a proposal on any of the
lots or items, and evaluation will be undertaken on a per lot or item basis, as
the case maybe. In this case, the Bid Security as required by ITB Clause 15
shall be submitted for each lot or item separately.
19.3. The descriptions of the lots or items shall be indicated in Section VII
(Technical Specifications), although the ABCs of these lots or items are
indicated in the BDS for purposes of the NFCC computation pursuant to
Section 23.4.2.6 of the 2016 revised IRR of RA No. 9184. The NFCC must be
sufficient for the total of the ABCs for all the lots or items participated in by
the prospective Bidder.
1619.4. The Project shall be awarded as follows:
One project that is one lot or item, which shall be awarded as one contract
19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of
RA No. 9184, which must be sufficient for the total of the ABCs for all the lots
or items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.
20. Post-Qualification
20.1. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated
Bid, the Bidder shall submit its latest income and business tax returns filed and
paid through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.
21. Signing of the Contract
21.1. The documents required in Section 37.2 of the 2016 revised IRR of RA No.
9184 shall form part of the Contract. Additional Contract documents are
indicated in the BDS.
17Section III. Bid Data Sheet
18Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:
a. Various laboratory/hospital/medical/radiological/dental
equipment/supplies/devices/reagents/test kits.
b. Completed within two (2) years prior to the deadline for the submission
and receipt of bids.
7.1 Not applicable
12 The price of the Goods shall be quoted DDP, to DOH warehouse(s)/ selected
blood services facility/DOH-Philippine Blood Center or the applicable
International Commercial Terms (INCOTERMS) for this Project.
14.1 The bid security shall be in the form of a Bid Securing Declaration, or any of the
following forms and amounts:
a. The amount of not less than PhP1,254,511.86 or equivalent to two percent
(2%) of ABC, if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit; or
b. The amount of not less than PhP3,136,279.65 or equivalent to five percent
(5%) of ABC, if bid security is in Surety Bond.
15 Each Bidder shall submit one (1) original and two (2) copies of the first and
second components of its bid: 1st copy- marked as ‘ORIGINAL’; 2nd copy-
marked as ‘COPY 1’; 3rd copy- marked as ‘COPY 2’.
19.3 The ABC is Sixty Two Million Seven Hundred Twenty Five Thousand Five
Hundred Ninety-Three Philippine Pesos (PhP62,725,593.00). Any bid with a
financial component exceeding each amount shall not be accepted.
Item No. Description Qty. Unit
Total ABC
(PhP)
1 Surgical Mask 1,100,449 Box 62,725,593.00
20.1 The LCB shall submit three (3) sets of true copies of the original certified as
such by the bidder or his duly authorized signatory within a non-extendible
period of five (5) calendar days from receipt of the notification arranged,
numbered and tabbed as enumerated below:
(a) Latest Annual Tax Return filed thru Electronic Filing and Payment Systems
(EFPS) and must be duly validated with the tax payments made thereon for
the preceding Tax Year be it on a calendar or fiscal year income (per
Revenue Regulations 3-2005);
(b) Latest Business Tax Return filed thru Electronic Filing and Payment System
(EFPS) duly validated with the tax payments made thereon also refers to the
Value Added Tax (VAT) or Percentage Tax Returns covering the previous
six (6) months (per Revenue Regulations 3-2005);
The latest income and business tax returns are those within the last six
months preceding the date of bid submission
19(c) Articles of Incorporation and General Information Sheet (GIS), in case the
Bidder has submitted a SEC registration as part of the Eligibility
Documents, if applicable; and
(d) Valid and current Certificate of PhilGEPS Registration and Membership –
Platinum (In the event the bidder opted to submit only the Class “A”
Eligibility Documents (Pursuant to GPPB Circular 07-2017 dated 31 July
2017).
Failure of the Bidder declared as LCB to duly submit the requirements
stated above or a finding against the veracity of such shall be ground for
forfeiture of the bid security and disqualify the Bidder for award.
NOTE:
1) In case of a JVA, each joint venture partners shall submit the above-cited
Post-qualification Documentary Requirements (GPPB NPM 006-2010
dated 04 February 2010).
2) As the possible Single/Lowest Calculated Responsive Bidder (S/LCRB),
please provide the COBAC – C, soft copy in “Word” and in PDF the
Technical Specifications you submitted during the Submission and
Opening of Bids for the above-cited procurement project.
3) All submitted documents during the Submission and Opening of Bids
(original and the two (2) copies) by the S/LCB must be true copies of the
original certified as such by the Bidder’s duly authorized signatory.
20.2 List of required licenses and permits relevant to the Project and the corresponding
law requiring it:
LICENCES AND PERMITS LAW
1. Valid and current Certificate Product RA 9711, FDA Act of 2009 & its
Registration (CPR) or Certificate of IRR, and FDA Circular No.
Medical Device Registration (CMDR) or 2020-001
Certificate of Medical Device
Notification (CMDN) issued by
Philippine Food and Drug Administration
(PFDA);
202. Valid and current License to Operate RA 9711, FDA Act of 2009 &
(LTO) as Medical Device Importer/ its IRR
Wholesaler issued by Philippine Food
and Drugs Administration
(PFDA). Provided that in case of
expired LTO, the application for
renewal was made timely as per DOH
AO No. 2016-0003.
In case of expired LTO, the following
copies may be submitted:
(i) expired LTO;
(ii) application for renewal; and
(iii) Official Receipt as proof of payment
of renewal of LTO
21.2 Additional required documents relevant to the Project that are required by existing
laws and/or the Procuring Entity:
1. The bidder shall submit any of the following whichever is applicable:
a) If the bidder is a manufacturer, certificate that the bidder
manufactures the products/item; or
b) If the bidder is an Exclusive/Authorized Distributor or Dealer of the
products/items, Certificate or Contract from the manufacturer or
importer must be provided as proof that the bidder is an
Exclusive/Authorized Distributor or Dealer of the products/items; or
c) If the bidder is an agent of the exclusive distributor or dealer, the
following must be provided:
i. Certificate or Distributor/Dealership Agreement by
the Manufacturer with the distributor or dealer; and
ii. Contract between the distributor/dealer and the bidder.
2. ISO Certified compliant on Quality Management Standard or Declaration
of Conformity with appropriate ISO/IEC/PNS Standard issued to the
manufacturer by an ISO certifying body or any appropriate agency or
body;
3. Sworn Statement using the prescribed form.
For imported Surgical Masks:
4. Marketing Authorization, registration approval, or free sale certificate of
the product issued by the health authority in the country of origin
5. Authentication or red ribbon certificate from the Philippine
consulate/embassy or documents authenticated through an Apostille by
the competent authority based on the Apostille Convention
6. Certificates showing that the PPE product is tested by recognized testing
laboratories and conforms with the standards set by the DOH technical
specifications. All documents, certificates, and attachments issued by such
21foreign entities shall be duly authenticated by the Philippine
Embassy/Consulate in that foreign country.
22Section IV. General Conditions of Contract
231. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that
can be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable
in contract implementation. Herein clauses shall serve as the secondary source for the
terms and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA
No. 9184 allowing the GPPB to amend the IRR, which shall be applied to all
procurement activities, the advertisement, posting, or invitation of which were issued
after the effectivity of the said amendment.
Additional requirements for the completion of this Contract shall be provided in the
Special Conditions of Contract (SCC).
2. Advance Payment and Terms of Payment
2.1. Advance payment of the contract amount is provided under Annex “D” of the
revised 2016 IRR of RA No.9184.
2.2. The Procuring Entity is allowed to determine the terms of payment on the
partial or staggered delivery of the Goods procured, provided such partial
payment shall correspond to the value of the goods delivered and accepted in
accordance with prevailing accounting and auditing rules and regulations. The
terms of payment are indicated in the SCC.
3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder from
the Procuring Entity but in no case later than prior to the signing of the Contract by
both parties, the successful Bidder shall furnish the performance security in any of the
forms prescribed in Section 39 of the 2016 revised IRR of RA No. 9184.
4. Inspection and Tests
The Procuring Entity or its representative shall have the right to inspect and/or to test
the Goods to confirm their conformity to the Project specifications at no extra cost to
the Procuring Entity in accordance with the Generic Procurement Manual. In addition
to tests in the SCC, Section VII (Technical Specifications) shall specify what
inspections and/or tests the Procuring Entity requires, and where they are to be
conducted. The Procuring Entity shall notify the Supplier in writing, in a timely
manner, of the identity of any representatives retained for these purposes.
All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier to
the authorized inspectors at no charge to the Procuring Entity.
245. Warranty
5.1. In order to assure that manufacturing defects shall be corrected by the
Supplier, a warranty shall be required from the Supplier as provided under
Section 62.1 of the 2016 revised IRR of RA No.9184.
5.2. The Procuring Entity shall promptly notify the Supplier in writing of any
claims arising under this warranty. Upon receipt of such notice, the Supplier
shall, repair or replace the defective Goods or parts thereof without cost to the
Procuring Entity, pursuant to the Generic Procurement Manual.
6. Liability of the Supplier
The Supplier’s liability under this Contract shall be as provided by the laws of the
Republic of the Philippines.
If the Supplier is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.
25Section V. Special Conditions of Contract
26Special Conditions of Contract
GCC
Clause
1 Delivery and Documents–
For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,” “CIP,” “DDP”
and other trade terms used to describe the obligations of the parties shall have
the meanings assigned to them by the current edition of INCOTERMS published
by the International Chamber of Commerce, Paris. The Delivery terms of this
Contract shall be as follows:
[For Goods supplied from abroad, state:] “The delivery terms applicable to the
Contract are DDP delivered [indicate place of destination]. In accordance with
INCOTERMS.”
[For Goods supplied from within the Philippines, state:] “The delivery terms
applicable to this Contract are delivered [indicate place of destination]. Risk and
title will pass from the Supplier to the Procuring Entity upon receipt and final
acceptance of the Goods at their final destination.”
Delivery of the Goods shall be made by the Supplier in accordance with the
terms specified in Section VI (Schedule of Requirements).
For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is/are:
DR. NAPOLEON L. AREVALO
Director IV
Disease Prevention and Control Bureau (DPCB)
Department of Health
Building 14, San Lazaro Compound, Rizal Avenue, Manila 1003
Tel No.: 8651-7800 local 1700 to 1701
Fax No.: 8711-0380
Email: mlarevalo@gmail.com
DR. JOSE GERARD B. BELIMAC
OIC – Division Chief
DPCB
Building 14, San Lazaro Compound, Rizal Avenue, Manila 1003
Tel No.: 8651-7800 local 2352
Fax No.: 8711-0380
Email : belimacj.doh@gmail.com
The Contract price for the Goods shall include the prices charged by the Supplier
for incidental services and shall not exceed the prevailing rates charged to other
parties by the Supplier for similar services.
Packaging –
The Supplier shall provide such packaging of the Goods as is required to prevent
their damage or deterioration during transit to their final destination, as indicated
in this Contract. The packaging shall be sufficient to withstand, without
limitation, rough handling during transit and exposure to extreme temperatures,
salt and precipitation during transit, and open storage. Packaging case size andweights shall take into consideration, where appropriate, the remoteness of the Goods’ final destination and the absence of heavy handling facilities at all points in transit. The packaging, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and in any subsequent instructions ordered by the Procuring Entity. The outer packaging must be clearly marked on at least four (4) sides as follows: Name of the Procuring Entity Name of the Supplier Contract Description Final Destination Gross weight Any special lifting instructions Any special handling instructions Any relevant HAZCHEM classifications A packaging list identifying the contents and quantities of the package is to be placed on an accessible point of the outer packaging if practical. If not practical the packaging list is to be placed inside the outer packaging but outside the secondary packaging. Insurance – The Goods supplied under this Contract shall be fully insured by the Supplier in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery. The Goods remain at the risk and title of the Supplier until their final acceptance by the Procuring Entity. Transportation– Where the Supplier is required under Contract to deliver the Goods CIF, CIP, or DDP, transport of the Goods to the port of destination or such other named place of destination in the Philippines, as shall be specified in this Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. Where the Supplier is required under this Contract to transport the Goods to a specified place of destination within the Philippines, defined as the Project Site, transport to such place of destination in the Philippines, including insurance and storage, as shall be specified in this Contract, shall be arranged by the Supplier, and related costs shall be included in the contract price.
Where the Supplier is required under Contract to deliver the Goods CIF, CIP or DDP, Goods are to be transported on carriers of Philippine registry. In the event that no carrier of Philippine registry is available, Goods may be shipped by a carrier which is not of Philippine registry provided that the Supplier obtains and presents to the Procuring Entity certification to this effect from the nearest Philippine consulate to the port of dispatch. In the event that carriers of Philippine registry are available but their schedule delays the Supplier in its performance of this Contract the period from when the Goods were first ready for shipment and the actual date of shipment the period of delay will be considered force majeure. The Procuring Entity accepts no liability for the damage of Goods during transit other than those prescribed by INCOTERMS for DDP deliveries. In the case of Goods supplied from within the Philippines or supplied by domestic Suppliers risk and title will not be deemed to have passed to the Procuring Entity until their receipt and final acceptance at the final destination. Intellectual Property Rights – The Supplier shall indemnify the Procuring Entity against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof. Based on the General Provisions of the GAA of 2021, Section 60: Cash Budgeting System, all appropriations shall be made available for release and disbursement for the purpose specified and under the same general and special provisions applicable until December 31, 2021. After the end of validity period, all unreleased appropriations shall lapse, while unexpended or undisbursed funds shall revert to the unappropriated surplus of the General Fund in accordance with Section 28, Chapter IV Book VI of E.O. No. 292 and shall not thereafter be available for expenditure except by subsequent legislative enactment. Departments, bureaus, and offices of the National Government, including constitutional offices enjoying fiscal autonomy, SUCs and GOCCs, shall strictly observe the validity of appropriations and the reversion of funds. For FY2021, the appropriation for infrastructure capital outlays shall be valid for obligation until December 31, 2021 while completion of the construction, inspection and payment shall be made not later than June 30, 2022. On the other hand, appropriation for MOOE and other capital outlay items shall be likewise be valid for obligation until December 31, 2021 while the delivery, inspection and payment or disbursement shall be made not later than March 31, 2022. Thus, all Supplier/Contractor/Consultant’s procurement contracts must be awarded and obligated by end December 31, 2021 while complete delivery, inspection, acceptance and payment for goods and consulting services shall be completed and paid by March 31, 2022 while infrastructure projects by June 30, 2022. Therefore, request(s) for payment with complete documents shall be made in writing not later than (NLT) the dates indicated above accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed or Works done, with the documents submitted pursuant to the SCC provision, and upon fulfillment of other obligations stipulated in the conditions for the procurement and in the Contract stipulated in the conditions for the procurement and in the Contract.
2.2 For staggered delivery: Terms of Payment/billing shall be made for each
completed delivery and acceptance upon presentation of signed Invoices
Receipt and submission of relevant documents as stipulated in the contract.
4 The inspections and tests that will be conducted are:
1) Upon delivery, the Goods shall undergo preliminary physical inspection by
the Inspection Team of the PROCURING ENTITY to ascertain the physical
condition and acceptability of the Goods.
2) The supplier shall promptly replace the equivalent quantity of Goods taken
as samples without cost to the PROCURING ENTITY.
3) Failure to comply within the prescribed time shall compel the SCMS to have
the subject commodities pulled out by the third party logistics service
provider of the DOH with the hauling and freight fees chargeable against
the concerned supplier/company. In observance of the above-mentioned
timeline, coordinate with the SCMS of the DOH.Section VI. Schedule of Requirements
The delivery schedule expressed as calendar days stipulates hereafter a delivery date which is the date of
delivery to the project site.
Item Description Quantity/ Total ABC Delivery Site Delivery period in,
No. Unit (PhP) Calendar Days
1 Surgical 50,000 62,725,593.00 To selected blood Thirty (30) calendar
Masks boxes services facility, days upon receipt of
refer to Annex A approved Notice to
Proceed (NTP)
985,263 DOH Thirty (30) calendar
boxes Warehouse (s) days upon receipt of
approved NTP
64,993 DOH Ninety (90) calendar
boxes Warehouse (s) days upon receipt of
approved NTP
193 DOH-Philippine Ninety (90) calendar
boxes Blood Center, Lung days upon receipt of
Center Compound, approved (NTP)
Quezon Avenue,
Quezon City
TOTAL: 1,100,449
boxes
_______________________
Signature over Printed Name
[date of signing]
In the capacity of: [title or other appropriate designation]
Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]
33Annex “A”
Quantity
Blood Service Facilities (pack) Contact Person & Position Address Contact Number
Quezon Avenue, Quezon
1 National Voluntary Blood Services Program 11,000 Ms. Lorraine Ann Rebadulla, Social Welfare Officer I City (02) 8995-3846 loc 213
Metro Manila Center for Health Development - Regional Ms. Concepcion Fabella R. Sanchez, Regional Blood Welfareville Subd.,
2 Voluntary Blood Services Program (RVBSP) 3,000 Program Coordinator (RBPC) Mandaluyong City 0917-887-5167; (02) 8531-0032
Mr. Vincent D. Ingen, BGHMC Compound,
2 Cordillera Center for Health Development - RVBSP 2,000 Regional Blood Program Coordinator (RBPC) Baguio City 0915-324-8046
0917-799-1570;
3 Ilocos Center for Health Development - RVBSP 2,000 Mr. Mauro Marzan, RBPC La Union (072) 242-5315 loc 126
4 Cagayan Valley Center for Health Development - RVBSP 3,000 Ms. Adelina Acosta, RBPC Tuguegarao, Cagayan 0917-599-1112
5 Central Luzon Center for Health Development - RVBSP 2,000 Ms. Ma. Vivian Mallari, RBPC San Fernando, Pampanga 0917-842-3290
6 CALABARZON Center for Health Development - RVBSP 3,000 Ms. Myla Velgado, RBPC Project 4, Quezon City 0947-530-7995
7 MIMAROPA Center for Health Development - RVBSP 2,000 Mr. Roberto Martin Mercene, RBPC Project 4, Quezon City 0932-240-4788
8 Bicol Center for Health Development - RVBSP 2,000 Ms. Maria Cecilia Pan, RBPC Legazpi, Albay 0919-443-5835
9 Western Visayas Center for Health Development - RVBSP 2,000 Mr. John Michael P. Añes, RBPC Mandurriao, Iloilo City 0915 739 6350
10 Central Visayas Center for Health Development - RVBSP 2,000 Ms. Jocelyn Tabotabo, RBPC Cebu City 0917-845-7835
11 Eastern Visayas Center for Health Development - RVBSP 3,000 Ms. Winnie C. Dorego, RBPC Tacloban City, Leyte 0927-204-2694; (053) 323-5027
Zamboanga Peninsula Center for Health Development -
12 RVBSP 2,000 Mr. Danilo Natividad, RBPC Zamboanga City 0936-961-5050/ 0997-8110215
Northern Mindanao Center for Health Development -
13 RVBSP 2,000 Dr. Shirley Mosende, RBPC Carmen, Cagayan de Oro 0917-707-2864; (088) 858-7123
14 Davao Center for Health Development - RVBSP 3,000 Dr. Marian Ysaac, RBPC Davao City 0921-781-2343
SOCCSKSARGEN Center for Health Development -
15 RVBSP 2,000 Ms. Adelaida Abduladsis, RBPC Cotabato Ciy 0965-289-6624
16 CARAGA Center for Health Development - RVBSP 2,000 Ms. Sunshine Alipayo, RBPC Pizarro St., co. Narra Rd., 0918-916-8917; (085) 342-5208
Bangsamoro Autonomous Region in Muslim Mindanao
17 (BARMM) Ministry of Health - RVBSP 2,000 Mrs. Noraida Ibrahim, RBPC Cotabato City 0955-374-7938
TOTAL 50,000Section VII. Technical Specifications
34Technical Specifications
Item Specification Statement of Compliance
[Bidders must state here either “Comply”
or “Not Comply” against each of the
individual parameters of each
Specification stating the corresponding
performance parameter of the equipment
offered. Statements of “Comply” or “Not
Comply” must be supported by evidence
in a Bidders Bid and cross-referenced to
that evidence. Evidence shall be in the
form of manufacturer’s un-amended sales
literature, unconditional statements of
specification and compliance issued by the
manufacturer, samples, independent test
data etc., as appropriate. A statement that
is not supported by evidence or is
subsequently found to be contradicted by
the evidence presented will render the Bid
under evaluation liable for rejection. A
statement either in the Bidder's statement
of compliance or the supporting evidence
that is found to be false either during Bid
evaluation, post-qualification or the
execution of the Contract may be regarded
as fraudulent and render the Bidder or
supplier liable for prosecution subject to
the applicable laws and issuances.]
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